4-10-060 NONCONFORMING USES:

Any legally established use existing at the time of enactment of this Code may be continued, although such use does not conform to the provisions of this Title, provided it conforms with this Section.

A. ABANDONMENT:

A legal nonconforming use (of a building or premises) that has been abandoned shall not thereafter be resumed. A nonconforming use shall be considered abandoned when:

1. The intent of the owner to discontinue the use is apparent, and discontinuance for a period of one year or more shall be prima facie evidence that the nonconforming use has been abandoned, unless said use is being reestablished pursuant to subsection F of this Section; or

2. It has been replaced by a conforming use; or

3. It has been changed to another nonconforming use under permit from the City or its authorized representative.

B. RELOCATION:

A legal nonconforming use of a building or premises that has been vacated and moved to another location, or discontinued, shall not be allowed to reestablish itself except in compliance with this Title.

C. CHANGES TO A DIFFERENT NONCONFORMING USE:

A nonconforming use (of a building or premises) shall not be changed to a different nonconforming use unless, through an Administrative Conditional Use Permit, the new use is shown to satisfy the criteria below. A replacement nonconforming use shall:

1. Reflect the nature and purpose of the preexisting nonconforming use, and be considered to be the same or related use classification; and

2. Be substantially similar or result in a lower impact in its effect on the surrounding neighborhood; and

3. Not increase the nonconformance of the use; and

4. Not create a new type of nonconformance.

D. EXTENSION OR ENLARGEMENT:

This subsection shall not apply to single family dwellings, and the property thereunder, that are nonconforming as to use, which may be enlarged or altered subject to development standards and use provisions of the R-14 zone (e.g., height limits, lot coverage, setbacks, parking, etc.).

1. A nonconforming use shall not be extended or enlarged so as to occupy additional land area on the same or any other lot or parcel, unless the nonconforming use is housed in part of a single-tenant building, in which case the use may be extended throughout the building, but the building shall not be enlarged;

2. A nonconforming use in a multi-tenant building shall not be expanded into space vacated by other tenants;

3. A nonconforming use shall not be relocated in whole or in part to any other part of the parcel; and

4. No additional building, whether temporary or permanent, shall be erected upon a property with a nonconforming use for purposes of expanding or extending a nonconforming use. (Ord. 5917, 12-10-2018)

E. ALTERATIONS TO LEGAL NONCONFORMING USE:

Except for a single family dwelling, alterations to a structure housing one or more legal nonconforming uses are only permitted when they do not expand or enlarge the use(s) consistent with subsection D of this Section, Extension or Enlargement; and when the alteration does not increase the nonconformance of the use, nor create a new type of nonconformance.

F. RESTORATION AND REESTABLISHMENT:

Nothing in this Chapter shall prevent the reestablishment or continuance of a nonconforming use when the structure housing the nonconforming use is damaged by fire, explosion, or act of God; provided, that restoration work is initiated by a building permit application within one year of a fire, explosion, or an act of God. If a complete building permit application has not been submitted within one year from the date of the fire or other casualty, the use shall be deemed abandoned and not allowed to be reestablished.

G. AMORTIZATION OF ADULT USES:

For amortization of legal nonconforming adult entertainment, activity, use, or retail use, see RMC 4-3-010E.

H. MANUFACTURED HOMES:

Nothing herein shall be determined to prohibit the installation of a manufactured home on a previously approved manufactured home “lot,” pursuant to RCW 35A.21.312, notwithstanding the applicability of RMC provisions. (Ord. 4963, 5-13-2002; Ord. 5647, 12-12-2011; Ord. 5869, 12-11-2017; Ord. 5917, 12-10-2018)